Plugged In To Energy & Telecom

Coverage of Energy and Telecommunication News & Policy Across New York State

March 8, 2023

What’s Inside

  • Governor’s 30-Day Amendments Exempt Agriculture Buildings from Gas Ban
  • New Yorkers for Affordable Energy Release Poll on Governor’s Gas Ban
  • Governor Announces Resources to Help New Yorkers Save on Home Energy Bills
  • NYSERDA Updates DCFC Charging Program
  • Legislative Update
  • Regulatory Update
  • In The News

Governor’s 30-Day Amendments Exempt Agriculture Buildings from Gas Ban

The Governor issued 30-Day amendments to her budget proposals last week. Included among the amendments were two exemptions to the Governor’s proposal to prohibit fossil-fuel heating equipment be used in new construction or existing buildings by varying timelines. The first is a newly included exemption for agriculture buildings. The details are left to building code council to define what constitutes an agriculture building.

Another new exemption includes the emergency replacement of existing fossil-fuel equipment or building systems. This would allow for the replacement of such systems in the event of an emergency. While emergency replacement is not defined, it is assumed this is in reference to failure of fossil-fuel heating equipment during the heating season as a building retrofit would require more time to perform and would likely be difficult to achieve on short notice.

New Yorkers for Affordable Energy Release Poll on Governor’s Gas Ban

The New Yorkers for Affordable Energy (NYAE) coalition released a press release regarding polling results from a survey conducted by the Siena College Research Institute which, according to the coalition, demonstrates that large majorities of New Yorkers – especially in Upstate and Western New York – strongly support keeping natural gas as part of the state’s energy mix.

Some key findings include:

  • 87% are concerned about the costs that consumers will have to absorb moving away from heating with natural gas, propane, or oil;
  • 83% of consumers say they are not willing to pay more than $100 more a month on their energy bills;
  • 80% are concerned that switching all buildings to being all-electric will result in power outages;
  • Western New Yorkers strongly opposed measures to phase out gas appliances including new construction (68%), and a phase out in existing residential homes (65%);
  • Three-quarters of all respondents use natural gas in their homes. Of those, 60% would be either very (35%) or somewhat (25%) upset if they no longer had the option to use natural gas for cooking. Nearly two-thirds of all respondents are either not very (29%) or not at all (33%) familiar with the provisions of the CLCPA, and;
  • Two-thirds of respondents across all demographics don’t think we can generate enough electricity to heat our buildings and hot water on the plan’s timeline.

It is difficult to assess the results of the poll as the coalition has decided not to make the crosstabs public, or at least requires a specific request for the information. At the time of this writing, we have not been able to review the results of the poll, but, if presented with the crosstabs a more thorough analysis will follow.

Governor Announces Resources to Help New Yorkers Save on Home Energy Bills

The Governor announced the availability of resources to help New Yorkers save on their home energy bills. A second emergency benefit through the Home Energy Assistance Program (HEAP) is now available for eligible New Yorkers in danger of running out of heating fuel or having their utility service shut off.

HEAP is federally funded and can help eligible New Yorkers heat and cool their homes. Normally, eligible households can receive one regular HEAP benefit each winter and could also be eligible for a single emergency HEAP benefit if they face an energy crisis. Those that have already received a regular and emergency benefit this winter will be able to apply for an additional emergency benefit, if they are facing a utility shut off or are running out of heating fuel and cannot afford to replenish it.

The amount a household receives from HEAP depends on income, household size and how the home is heated. A family of four can earn up to $5,485 per month and still qualify for assistance. A needy household that heats with oil and qualifies for a regular HEAP benefit and two emergency benefits could receive nearly $3,000 in total assistance this winter.

The Governor said:

We are at the peak of this winter season which can lead to higher heat and energy bills, and my administration will continue to take action to make utilities more affordable in New York. It is important for New Yorkers to take advantage of the State’s cost assistance and residential programs to help reduce these energy costs. Following these tips can help save money and protect our vulnerable populations during the cold season.

NYSERDA Updates DCFC Charging Program

NYSERDA issued an update to the third round of the DCFC Charging Program or Program Opportunity Notice (PON) 4509. The program seeks proposals to develop Direct Current Fast Charging (DCFC) Electric Vehicle Supply Equipment (EVSE) in Buffalo, Rochester and Syracuse, to accelerate EV adoption among city residents and fleet operators, especially ridehailing fleets.

The most notable changes to the program include:

  • A change in due date to April 18, 2023, by 3:00p.m.
  • The definition of eligible proposers was clarified to include entities providing long-term maintenance service agreements.
  • The required completion dates for projects were extended to reflect current supply chain conditions.

Legislative Update

State Assembly Agendas (Bills of Interest)

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Codes (DINOWITZ)

11:00 AM, Thursday, March 9, 2023

Room 630 LOB

The committee meeting will be broadcast on the NYS Assembly website

A.836 Dinowitz/No Same As – AN ACT to amend the labor law, in relation to prohibiting an employer from requesting or requiring that an employee or applicant disclose any user name, password, or other means for accessing a personal account through specified electronic communications devices

A.4456 Bores/S.4617 Griffo – AN ACT to amend the general business law, in relation to raising the maximum fine for persons who violate the law regulating telemarketing

A.4620 Alvarez/S.4130 Mannion – AN ACT to amend the general business law, in relation to availability for sale of advertised merchandise/rainchecks

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Environmental Conservation (GLICK)

11:30 AM, Thursday, March 9, 2023

Room 623 LOB

The committee meeting will be broadcast on the NYS Assembly website

A.1836 Colton/S.4720 Sanders – AN ACT to amend the general city law, in relation to requiring contractors in certain cities to recycle construction and demolition site waste

A.3226 Glick/S.1856 Hoylman-Sigal – AN ACT to amend the environmental conservation law, in relation to enacting the birds and bees protection act (prohibits the sale of certain pesticides or use of seeds coated with such pesticides)

A.3969 Paulin/S.128 Krueger – AN ACT to amend the environmental conservation law, in relation to the prohibition of the use of plastic beverage container packaging (An act to amend the environmental conservation law, in relation to the prohibition of the use of plastic beverage container packaging)

 

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State Senate Agendas (Bills of Interest) 

N/A – No Session

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Bills Passed Last Week 

Passed Assembly Only:

A.3596 Paulin/S.1042 Hinchey – AN ACT to amend the penal law and the civil rights law, in relation to unlawful dissemination or publication of intimate images created by digitization and of sexually explicit depictions of an individual; and to repeal certain provisions of the penal law relating thereto

Passed Senate Only:

S.2623 Parker/No Same As – AN ACT to direct the department of state and the public service commission to jointly study and report upon the provision to consumer credit reporting agencies by public utility companies, cable television companies and cellular telephone service suppliers of information on late payments of or default on any fees or charges incurred by consumers; and providing for the repeal of such provisions    upon expiration thereof

Passed Both:

N/A

Bills Signed by Governor

Delivered to and Signed by the Governor (Chapter Amendments):

Ch. 4/2023 – Directs the department of agriculture and markets, in cooperation with NYSERDA, to produce and distribute guidance and educational materials for farmers on the use of agrivoltaics in farming (Chapter amendment to S.7861-A & A.9336-A of 2022)

Ch. 19/2023 – Relates to standards for the construction of new buildings and existing buildings that undergo a substantial improvementand which are located wholly or partially in a flood plain (Chapter amendment to S.7582-B & A.9216-B of 2022)

Ch. 28/2023 – Authorizes the delivery of liquefied petroleum gas in times of emergency (Chapter amendment to S.8426 & A.1451-A of 2022)

Ch. 30/2023 – Relates to the certain offenses and provisions related to the unlawful dissemination of a personal image; and relates to a private right of action for such offenses; repealer (Chapter amendment to S.7211-B & A.1121-C of 2022)

Ch. 33/2023 – Requires gas corporations to file annual gas safety reports (Chapter amendment to S.1380-A & A.129-A of 2022)

Ch. 37/2023 – Relates to the restoration of electric power services during a widespread outage (Chapter amendment to S.926-C & A.3318-C of 2022)

Ch. 38/2023 – Relates to medical needs which require essential electricity (Chapter amendment to S.931-A & A.3217-A of 2022)

Ch. 42/2023 – Requires the release of individuals from utility, phone and television contracts in instances of domestic violence (Chapter amendment to S.7157-A & A.6207-B of 2022)

Ch. 48/2023 – Enacts the digital fair repair act (as proposed on S.4104-A & A.7006-B of 2022)

Ch. 49/2023 – Relates to disproportionate impacts of environmental facility siting on disadvantaged communities (Chapter amendment to S.8830 & A.2103-D of 2022)

Ch. 61/2023 – Relates to crimes involving the death or serious physical injury of an employee (Chapter amendment to S.621-B & A.4947-B of 2022)

Ch. 67/2023 – Relates to critical energy infrastructure security and responsibility (Chapter amendment to S.5579-A & A.3904-B of 2022)

Ch. 84/2023 – Clarifies provisions related to a registration system for contractors and subcontractors engaged in public work and covered projects (Chapter amendment to S.5994-C & A.1338-C of 2022)

Ch. 87/2023 – Relates to the recognition of the establishment of a workplace safety committee by an employer (Chapter amendment to S.9450 & A.10492 of 2022)

Ch. 94/2023 – Relates to disclosure and advertisement of a job, promotion, or transfer opportunity (Chapter amendment to S.9427-A & A.10477 of 2022)

Ch. 98/2023 – Requires notice to members of the legislature and certain local officials relating to certain construction and other projects affecting such members’ and officials’ districts (Chapter amendment to S.4013-A & A.355-A of 2022)

State Register

Public Service Commission

 

  • Notice of Intent to Submeter Electricity (Proposed)
  • Notice of Intent to Submeter Electricity and Request for Waiver (Proposed)
  • Electric Metering Equipment (Proposed)
  • Development Periods for Residential Developments (Proposed)
  • Energy Efficiency and Building Electrification Programs (Proposed)
  • Electric Metering Equipment (Proposed)
  • Notice of Intent to Submeter Electricity (Proposed)

In The News

Georgia, Pennsylvania, and Virginia sound off on broadband funding challenges.

Senator Harckham proposes fund to ensure oversight of state’s climate revenue.

Politico: Renewable projects are slow to develop amid New York’s climate goals.

State of Politics: Republicans, environmentalists duel over looming gas ban.

Capitol Pressroom: Ensuring reliable power amid green energy transition.

How climate’s future could impact New York’s history.

Olean Times Herald: Barns, ag facilities exempt from natural gas ban.

Wall Street Journal: A New York Town Once Thrived on Fossil Fuels. Now, Wind Energy Is Giving a Lift.